The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.

Clause 65

THE LORD GOODHART

137

Page 35, line 17, leave out "the appropriate judge believes"

THE LORD FILKIN

138

Page 35, line 17, after "believes" insert "

(a)

is a judicial authority of that territory, and

(b)

"

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

139

Page 35, line 19, leave out subsection (3)

THE LORD GOODHART

140

Page 35, line 19, leave out from "in" to the end of line 20 and insert "Schedule (European framework list)"

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

141

Page 35, line 20, at end insert "as adopted on 13th June 2002"

THE LORD GOODHART

142

Page 35, line 20, at end insert

"( )

The conduct described in the European framework list as racism and xenophobia shall not be treated as included in that list until the member states of the European Union have adopted a framework decision on racism and xenophobia."

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

143

Page 35, line 20, at end insert

"(3A)

The European framework list may be amended by Order in Council.

(3B)

No Order in Council may be made under subsection (3A) unless it has been laid before Parliament and approved by a resolution of each House."

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN

144

Page 35, line 25, at end insert

"(7)

In this section "criminal law" does not include penal and other law relating to administrative and other offences which are punished after proceedings which are not held before a judicial authority."

145

Page 35, line 25, at end insert

"(7)

The Secretary of State shall make regulations by Order in terms which have been approved in draft by a resolution of each House of Parliament, containing guidance on the interpretation of the contents of the list mentioned in subsection (3)."

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill.

Clause 66

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

146

Page 35, line 28, at beginning insert "subject to subsection (1A),"

147

Page 35, line 32, at end insert

"(1A)

The Lord Chancellor shall not designate a District Judge (Magistrates' Courts) under subsection (1)(a) unless that person has followed a course of training and development covering the matters dealt with in this Act."

The above-named Lords give notice of their intention to oppose the Question that Clause 66 stand part of the Bill.

Clause 67

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

The above-named Lords give notice of their intention to oppose the Question that Clause 67 stand part of the Bill.

Clause 68

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

148

Page 36, line 11, at end insert

"( )

No Order in Council may be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

The above-named Lords give notice of their intention to oppose the Question that Clause 68 stand part of the Bill.

Clause 70

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

149

Page 37, line 16, leave out "it appears to the judge" and insert "the judge has reasonable grounds for believing"

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

150

Page 37, line 29, leave out subsection (4)

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

151

Page 37, line 31, at end insert

"( )

No Order in Council may be made under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

152

Page 37, line 33, leave out from first "by" to end and insert "a United Kingdom constable, including a constable of the Royal Parks Police, United Kingdom customs officer or service policeman"

Clause 71

THE LORD GOODHART

153

Page 38, line 7, leave out "shown" and insert "given"

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS

154

Page 38, line 8, leave out "and he asks to be shown the warrant"

155

Page 38, line 8, after "it" insert "in ordinary language"

156

Page 38, line 9, after "him" insert "in a language he understands"

157

Page 38, line 9, leave out "as soon as practicable after his request" and insert "within five hours of his arrest"

THE LORD GOODHART
THE VISCOUNT BRIDGEMAN

158

Page 38, line 9, leave out "request" and insert "arrest"

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN
THE EARL OF MAR AND KELLIE

160

Page 38, line 10, leave out "as soon as practicable" and insert "not later than the first day after he is taken into custody"

161

Page 38, line 11, at end insert

"( )

The reference in subsection (3) to the first day after he is taken into custody shall not include a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (sittings of sheriff and district courts); but nothing in this subsection shall prevent a person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 8, sitting on such day for the disposal of criminal business."

162

Page 38, line 12, at end insert

"(za)

in Scotland, the officer in charge of a police station has liberated the person upon a written undertaking, signed by that person and certified by the officer, in terms of which the person undertakes to appear at a specified court at a specified time,"

THE VISCOUNT BRIDGEMAN
THE LORD HODGSON OF ASTLEY ABBOTTS
THE EARL OF MAR AND KELLIE

164

Page 38, line 21, leave out paragraph (b) and insert

"(b)

ensure that the person has received independent legal advice about the implications of giving or withholding consent to extradition;"

THE BARONESS CARNEGY OF LOUR
THE VISCOUNT BRIDGEMAN
THE EARL OF MAR AND KELLIE

165

Page 38, line 29, at end insert

"( )

In Scotland, a person in breach of an undertaking given by him under subsection (4) above without reasonable excuse shall be guilty of an offence and liable on summary conviction to

(a)

a fine not exceeding level 3 on the standard scale; and

(b)

imprisonment for a period not exceeding 3 months.

( )

In any proceedings relating to an offence under this section, a writing purporting to be such an undertaking as is mentioned in subsection (4)(za) above and bearing to be signed and certified, shall be sufficient evidence of the terms of the undertaking given by the arrested person."